Title IX Investigation Versus Criminal Charges in Connecticut
When a school receives a report from a student or faculty member that someone has violated their Title IX rights, the school is always required to conduct its own investigation into the matter and take action to protect the wellbeing of the complainant. In many situations, though, conduct that constitutes a Title IX violation also constitutes a violation of the Connecticut Penal Code, meaning the school could also have a responsibility to report the matter to law enforcement.
It is very important to understand, however, that each of these two types of proceedings, which could stem from the same initial incident, have different procedural rules and can each result in very different outcomes. With that in mind, here is a brief overview of the difference between Title IX investigations and criminal charges in Connecticut and how a capable Title IX and criminal attorney can help handle both kinds of cases at once.
What Is the Standard of Proof For Title IX Investigations?
The primary difference between Title IX investigations and criminal cases in Connecticut is the applicable standard of proof for each the compelling evidence needed to prove a defendant’s misconduct and the consequences that follow. In criminal cases, the standard of proof is beyond a reasonable doubt. Beyond a reasonable doubt means that the prosecution must prove with strong evidence, that the only logical explanation that can be derived from said evidence, is that the defendant committed the alleged crime.
Title IX investigations, on the other hand, generally adhere to a preponderance of evidence standard, meaning that school authorities conducting an investigation must only show, with reliable evidence, that it is more likely than not that a Title IX violation occurred. Given that this is a much easier standard to meet, it is not uncommon for someone to be found in violation of Title IX, following a school investigation while also having criminal charges against them dismissed or, in some cases, not even filed in the first place.
Differences in Possible Sanctions After a Case Concludes
Another major way Title IX investigations differ from Connecticut criminal charges is the consequences that someone subject to each type of investigation could face. A criminal conviction, of course, will result in criminal penalties like fines, probation, and even jail or prison time. Separate civil suits stemming from the same incident may impose further financial liability on a defendant for the effects of an alleged act of sexual misconduct.
The primary purpose of a Title IX investigation is to protect the complainant and other students or faculty from having their rights violated in the future. While schools have the authority to suspend or even expel students based on findings through Title IX investigations, they may take lesser actions like rescheduling classes or restricting participation in on-campus activities.
A Connecticut Attorney Can Answer Further Questions About Title IX Investigations Versus Criminal Charges
Perhaps most significantly, criminal defendants have a right to have legal counsel appointed to them, if they cannot afford an attorney, among various other Constitutional rights, whereas people subject to Title IX investigations have no specific rights guaranteed to them under federal law. This makes it all the more vital for people facing allegations that could lead to either type of proceeding to seek representation from private counsel as soon as possible after being accused.
If you need help handling a Title IX investigation, criminal charge, or both at the same time in Connecticut, Mark Sherman Law is available to provide it. Call today to set up an initial consultation, and see what past clients have said about working with us by clicking here and visiting our Avvo.com profile.